• Building constructed 27 years needs approval

My flat in third floor was constructed 27 years back and till know the property tax and water tax paid. Now the corporation send notice to vacate the premises for lock and seal. Is it possible to do so.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) whether building has been completed as per sanctioned plans

2) file RTI application and obtain copy of sanctioned plans

3) if building has been constructed as per sanctioned plans you can file suit and seek stay against order for vacating premises issued by the corporation

4) if construction is unauthorised corporation can issue you notice to vacate the premises and demolish the unauthorised construction

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

If you have paid arrears of property tax warrant would be cancelled

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If the notice is with regard to default then meet the officials and produce the tax payment receipts.

2.If it is with regard to old dues then you will have to pay to revoke the notice

3. Later on you can recover the arrears tax from the builder.

4. If this does not solve then you will have to challenge the notice in high court by writ petition.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) mutation of falt in your name does not confer any title to property

2) entry in revenue records is only for payment of property taxes

3) if construction of flat is unauthorised you can apply to muncipal corporation for regularisation

4) it is not automatcally regularised

5) you have to file suit seek stay of eviction notice

6) mention that you have been in possession for 27 years of the flat

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

My flat in third floor was constructed 27 years back and till know the property tax and water tax paid. Now the corporation send notice to vacate the premises for lock and seal. Is it possible to do s

If the property tax and water tax have not been paid then the Corporation authorities may initite action for recovery of the same with arrears as per the provisions of law and they may follow the procedure as envisaged.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Now i have transfered the all documents in my name including property tax, water tax and EB connection. Recently i have received a warrant in my name for non payment of property tax for the last 3 years and I paid it last week. kindly advice me.

If you have paid all the due taxes then you may make a representation in writing to the authority and get the notice revoked or cancelled.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

I heard that if a building without approval, assessed by corporation and paid taxes over 7 years will automatically regularised. Is it true?. Is there any way to challenge the corporation ?.

Competent authorities in the Chennai Corporation, the Chennai Metropolitan Development Authority, the Directorate of Town and Country Planning and municipalities will start accepting applications to condone unauthorised buildings constructed before July 1, 2007, for a fee.

The State government this week issued guidelines under Section 113-C of Tamil Nadu Town and Country Planning Act, 1971 for the exemption of unauthorised buildings from regulations.

The guidelines will facilitate assessment of the violations and collection of the amount for exemption.

After the government passes orders exempting such unauthorised buildings, the competent authority will assess the amount of exemption and issue a demand notice for the payment of the charges.

Any aggrieved person may prefer an appeal within 30 days of receipt of the order to government in Housing and Urban Development Department in the case of Chennai Metropolitan Area. The appeals pertaining to areas other than the Chennai Metropolitan Area have to be made to Commissioner of Town and Country Planning.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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